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MI SB0289

Bill

Status

Passed

12/30/2016

Primary Sponsor

Margaret O'Brien

Click for details

Origin

Senate

98th Legislature

AI Summary

  • Prohibits bad-faith assertions of patent infringement through written communications that falsely claim infringement, lack reasonable factual or legal basis, or omit required identifying information about the patent and infringer.

  • Allows targets of bad-faith patent infringement claims to sue in circuit court for injunctions, actual damages, attorney fees, and treble damages (3 times actual damages).

  • Authorizes the attorney general to investigate alleged violations, seek civil fines up to $50,000, obtain injunctions, and accept settlements called assurances of discontinuance.

  • Permits courts to require defendants to post bonds up to $250,000 upon finding reasonable likelihood of violation, conditioned on payment of damages owed.

  • Exempts legitimate patent owners actively using inventions, universities, technology transfer organizations, and certain pharmaceutical-related claims from the law's restrictions.

Legislative Description

Civil procedure; other; claims of patent infringement made in bad faith; prohibit, and provide remedies for. Creates new act.

Civil procedure: other

Last Action

Assigned Pa 0550'16

12/30/2016

Committee Referrals

Judiciary4/22/2015

Full Bill Text

No bill text available